Unit III · Topic 2Sources of International law – Previous Year Questions

69 previous year questions on Sources of International law from UGC NET Law papers (2009–2026), including 12 assertion–reason, 12 match-the-list, 8 statement-based questions. The correct option is marked in green.

Questions

69 questions

December 2009

4. The era of law-making treaties began with:

  1. (a)Treaty of Vienna
  2. (b)Treaty of Versailles
  3. (c)Kellogg Briand Pact
  4. (d)Treaty of Westphalia✓
Answer & explanation

Answer: (d)

Explanation: The Treaty of Westphalia (1648) is widely recognized as the beginning of modern international law-making treaties, establishing the sovereignty of states and new legal norms.

December 2009Match the lists

6. Match the following:

Options:

  1. (a)A-2, B-3, C-4, D-1✓
  2. (b)A-3, B-4, C-2, D-1
  3. (c)A-4, B-3, C-1, D-2
  4. (d)A-2, B-3, C-4, D-1
Answer & explanation

Correct Answer: (a)

Explanation:

December 2009

Pequete Habana case — about customary international law and non-combatant ships.

Dumbarton Oaks Conference — foundation for the formation of the United Nations.

Vienna Declaration, 1993 — focused on Human Rights reaffirmation.

Custom — recognized source of law in international jurisprudence.

1. Which of the following is a principal organ of the United Nations?

  1. (a)Human Rights Committee
  2. (b)Economic and Social Council✓
  3. (c)International Labour Organization
  4. (d)International Law Association
Answer & explanation

Answer: (b)

Explanation: The United Nations has six principal organs, one of which is the Economic and Social Council. The others are the General Assembly, Security Council, International Court of Justice, Trusteeship Council, and the Secretariat.

June 2010

2. India is not a party to:

  1. (a)International Covenant on Economic, Social and Cultural Rights, 1966
  2. (b)International Covenant on Civil and Political Rights, 1966
  3. (c)Optional Protocol to the International Covenant on Civil and Political Rights, 1966✓
  4. (d)Convention on Elimination of Discrimination Against Women (CEDAW), 1979
Answer & explanation

Answer: (c)

Explanation: India is a party to (a), (b), and (d) but has not acceded to the Optional Protocol to the ICCPR, 1966.

June 2010

3. A treaty, in principle, binds the states parties to it. A state becomes a party to the treaty by:

  1. (a)Signing the treaty✓
  2. (b)Ratifying or acceding to the treaty
  3. (c)Enacting domestic legislation to implement the treaty
  4. (d)Enforcing the treaty by way of conduct
Answer & explanation

Answer: (a)

Explanation: A treaty initially binds parties upon signature, though full binding effect typically follows ratification. Signing indicates intention to comply.

December 2010

5. In India, treaty-making is:

  1. (a)A Legislative Act
  2. (b)An Executive Act✓
  3. (c)A Judicial Act
  4. (d)Both a Legislative and Judicial Act
Answer & explanation

Answer: (b)

Explanation: In India, treaty-making is an executive power under Article 73 of the Constitution, though certain treaties affecting domestic law require Parliamentary legislation for implementation.

June 2011

1. Boundary delimitation treaties are binding even on non-party states because they are valid erga omnes. The International Court of Justice held so in:

Options:

  1. (a)The Asylum Case
  2. (b)The Case Concerning Kasikili/Sedudu Island (Botswana v. Namibia)✓
  3. (c)The Case Concerning the Gabcikovo-Nagymaros Project (Hungary v. Slovakia)
  4. (d)The Anglo-Norwegian Fisheries Case
Answer & explanation

Correct Answer: (b)

Explanation:

In the Kasikili/Sedudu Island Case, the ICJ ruled that boundary delimitation treaties create obligations not only for the parties but also for the international community (erga omnes), as stable borders are a matter of general international interest, preserving peace and legal order.

June 2011

2. ‘A treaty is a contract between the Governments of two or more sovereign States.’ Lord Templeman said so in:

Options:

  1. (a)The S.S. Lotus Case
  2. (b)The Gulf of Maine Case
  3. (c)James Buchanan & Co. v. Babco Forwarding and Shipping
  4. (d)Maclaine Watson v. Deptt. of Trade and Industry✓
Answer & explanation

Correct Answer: (d)

Explanation:

In Maclaine Watson v. Department of Trade and Industry, Lord Templeman explained the nature of treaties as contracts between sovereign states, highlighting their binding nature under international law while clarifying that treaties require domestic incorporation to have legal effect within municipal legal systems.

June 2011Match the lists

4. Match List-I with List-II and select the correct answer using the codes given below:

Options:

  1. (a)A-1, B-2, C-3, D-4
  2. (b)A-2, B-3, C-4, D-1
  3. (c)A-2, B-1, C-4, D-3✓
  4. (d)A-3, B-2, C-1, D-4
Answer & explanation

Correct Answer: (c)

Explanation:

A-2: Nuclear Test Cases established that unilateral declarations made publicly by a state can create binding legal obligations.

B-1: Island of Palmas Case was an early 20th-century arbitration on sovereignty.

C-4: The Advisory Opinion on the legality of the threat or use of nuclear weapons recognized international organizations' legal personality under international law.

D-3: Mavrommatis Palestine Concessions Case indirectly involved subrogation by allowing Greece to espouse claims on behalf of its nationals against a foreign power.

December 2011

2. Which of the following are essential elements of a valid international custom?

Options:

Constant and uniform state practice

Generality of practice

Jus cogens

Opinio juris

  1. (a)1 alone
  2. (b)3 and 4
  3. (c)1, 2 and 4
  4. (d)1, 2, 3 and 4✓
Answer & explanation

Correct Answer: (d)

Explanation:

A valid international custom must include:

Constant and uniform state practice over time.

Generality of practice by a majority of states.

Jus cogens norms where applicable, though not all customs are peremptory norms.

Opinio juris, meaning the belief that such practice is carried out of a sense of legal obligation.

December 2011Match the lists

3. Match List-I with List-II and select the correct answer using the codes given below:

Options:

  1. (a)A-2, B-4, C-1, D-3
  2. (b)A-3, B-1, C-4, D-2✓
  3. (c)A-3, B-2, C-4, D-1
  4. (d)A-1, B-4, C-2, D-3
Answer & explanation

Correct Answer: (b)

Explanation:

A-3: The S.S. Lotus case established the principle of sovereign equality and freedom in international law.

B-1: The Visaka case in India addressed human rights protections in the workplace.

C-4: The Reparations case clarified the UN's legal personality.

D-2: The Indian Gramophone Co. case determined the domestic status of international law in India.

December 2011Assertion–Reason

4. Assertion (A): General principles of law recognized by civilized nations enable the International Court to develop rules of International Law.

Reason (R): The meaning and scope of general principles of law are unclear.

Options:

  1. (a)Both (A) and (R) are correct and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are correct, but (R) is not the correct explanation of (A)✓
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Correct Answer: (b)

Explanation:

Both statements are true — general principles of law do guide international judicial bodies like the ICJ in forming legal rules. However, the uncertainty in defining these principles does not directly explain their utility in legal development, making (R) an unrelated explanation for (A).

December 2011

5. In the S.S. Lotus case, the Permanent Court of International Justice held that in the case of collision of two foreign ships:

Options:

  1. (a)France has jurisdiction
  2. (b)Turkey has jurisdiction✓
  3. (c)European Union has jurisdiction
  4. (d)Assembly of the League of Nations has jurisdiction
Answer & explanation

Correct Answer: (b)

Explanation:

In the S.S. Lotus case (1927), the Court held that Turkey had jurisdiction to try the case of a collision on the high seas between a French and a Turkish ship, establishing the principle that, unless a specific prohibition exists in international law, states may exercise jurisdiction.

December 2011Sequence / order

6. Consider the following judicial decisions:

Luther v. Sagar

S.S. Lotus case

Mavrommatis Palestine Concessions case

Mortensen v. Peters

The chronological order in which these decisions were delivered is:

Options:

  1. (a)4, 3, 1 and 2✓
  2. (b)2, 4, 1 and 3
  3. (c)2, 3, 4 and 1
  4. (d)1, 2, 3 and 4
Answer & explanation

Correct Answer: (a)

Explanation:

Chronologically:

December 2011Assertion–Reason

Mortensen v. Peters (1906)

Mavrommatis Palestine Concessions case (1924)

Luther v. Sagar (1921)

S.S. Lotus case (1927)

Thus, option (a) correctly reflects their chronological order.

1. Assertion (A): Customs to have the force of law must be immemorial.

Reason (R): Custom represents common consciousness of people.

Options:

  1. (a)(A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)(A) and (R) are true but (R) is not the correct explanation of (A)
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true✓
Answer & explanation

Correct Answer: (d)

Explanation: Custom need not be immemorial to have the force of law; modern customs can also acquire legal force. However, it is true that customs reflect the common consciousness of a community.

June 2012 Paper 2Assertion–Reason

2. Assertion (A): International Court of Justice has power to decide cases on the basis of equity.

Reason (R): Equity is one of the General Principles of Law recognized by Civilized Nations.

Options:

  1. (a)(A) and (R) are true and (R) is the correct explanation of (A)✓
  2. (b)(A) and (R) are true but (R) is not the correct explanation of (A)
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Correct Answer: (a)

Explanation: Under Article 38(2) of the ICJ Statute, the Court may decide a case ex aequo et bono (in equity) if the parties agree, and equity is indeed one of the recognized general principles of law.

June 2012 Paper 2Match the lists

3. Match List-I with List-II:

Options: (a) A-1, B-2, C-3, D-4

  1. (b)A-2, B-1, C-3, D-4
  2. (c)A-3, B-2, C-1, D-4
  3. (d)A-4, B-2, C-3, D-1
Answer & explanation

Correct Answer: (a)

Explanation: Each listed case corresponds to its theme — the S.S. Lotus case on custom, U.N. Administrative Tribunal on res judicata, Western Sahara on UN resolutions, and Lawless on human rights.

June 2012 Paper 2

5. Which of the following is not a primary source of International Law?

Options: (a) International treaty

  1. (b)Decision of International Court of Justice✓
  2. (c)International Custom
  3. (d)General Principle of Law recognized by Civilized Nations
Answer & explanation

Correct Answer: (b)

Explanation: Decisions of the ICJ are subsidiary means for determining international law, not primary sources, as stated in Article 38 of the ICJ Statute.

June 2012 Paper 3

2. Opinio juris sive necessitatis means:

Options: (a) Opinions of jurists is necessary evidence for determining rules of international law

  1. (b)Opinions of jurists is not necessary evidence for ascertaining rules of international law
  2. (c)The feeling on the part of States that in acting as they do, they are fulfilling a legal obligation✓
  3. (d)None of the above
Answer & explanation

Correct Answer: (c)

Explanation: It refers to the belief of states that they are legally obliged to act in a certain way.

December 2012 Paper 2Assertion–Reason

1. Assertion (A): International Law Commission has initiated studies and prepared draft codes on diverse fields in international law.

Reason (R): International Law Commission was established under General Assembly Resolution No.1947 with an object to promote, progressively develop and codify international law.

Options: (a) Both (A) and (R) are true

  1. (b)(A) is true, (R) is false
  2. (c)(R) is true, (A) is false
  3. (d)Both (A) and (R) are false
Answer & explanation

Correct Answer: (a)

Explanation: The International Law Commission was indeed established in 1947 to promote the progressive development and codification of international law and has since prepared draft codes across various subjects.

December 2012 Paper 2Match the lists

2. Match List-I with List-II:

List-I (Declaration/Treaty/Convention)

A. Universal Declaration of Human Rights

B. International Covenant on Civil and Political Rights

C. Convention on the Rights of the Child

D. Convention on the Rights of Persons with Disabilities

List-II (Year of Adoption)

Options: (a) 1 2 4 3

  1. (b)2 1 4 3
  2. (c)4 3 2 1
  3. (d)3 2 4 1
Answer & explanation

Correct Answer: (a)

Explanation: The Universal Declaration was adopted in 1948, Civil and Political Covenant in 1966, Rights of the Child in 1999, and Rights of Persons with Disabilities in 2006.

December 2012 Paper 2

3. Jus Cogens means:

Options: (a) Peremptory norm of international law

  1. (b)Norm of international law
  2. (c)Peremptory norm which does not permit derogation✓
  3. (d)None of the above
Answer & explanation

Correct Answer: (c)

Explanation: Jus Cogens are fundamental, peremptory norms from which no derogation is permitted under international law.

December 2012 Paper 2

4. Which one of the following is a primary source of international law?

Options: (a) Decisions of International Court of Justice

  1. (b)Resolutions of U.N. General Assembly
  2. (c)General principles of law recognized by civilized nations✓
  3. (d)None of the above
Answer & explanation

Correct Answer: (c)

Explanation: As per Article 38 of the ICJ Statute, general principles of law recognized by civilized nations are a primary source of international law.

December 2012 Paper 3

2. What are essential tests for the existence of International Custom?

Options:

  1. (a)Uniform practice of States and longevity of time period
  2. (b)Uniform practice of States and opinio juris sine necessitatis✓
  3. (c)Uniform practice of States, longevity of time period and opinio juris sine necessitatis
  4. (d)None of the above
Answer & explanation

Correct Answer: (b)

Explanation: International custom arises from uniform state practice accompanied by a belief that such practice is required by law (opinio juris sine necessitatis).

December 2012 Paper 3

3. In which of the following cases, Judge Alvarez evolved a doctrine that General Assembly resolutions are virtually binding upon States in a legislative sense?

Options:

  1. (a)South West Africa Voting Procedure case, ICJ Reports, 1975
  2. (b)Western Sahara case, ICJ Reports, 1975
  3. (c)Anglo-Norwegian Fisheries case, ICJ Reports, 1951✓
  4. (d)South West Africa Voting Procedure case, ICJ Reports, 1955
Answer & explanation

Correct Answer: (c)

Explanation: In the Anglo-Norwegian Fisheries case, Judge Alvarez opined that General Assembly resolutions can have legislative influence over states.

June 2013 Paper 2Assertion–Reason

4. Assertion (A): International Law consists for the most part of customary rules.

Reason (R): Customary rules are the original and oldest source of International Law.

Options:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)✓
  3. (c)(A) is correct but (R) is false
  4. (d)(A) is false but (R) is correct
Answer & explanation

Correct Answer: (b)

Explanation: Though both statements are true, customary rules are one of several sources listed under Article 38 of the ICJ Statute.

June 2013 Paper 3

7. In which one of the following cases did the Permanent Court of International Justice hold, "it is a generally accepted principle of international law that provisions of municipal law cannot prevail over treaty obligations between contracting parties"?

Options:

  1. (a)Navlila Incident Case
  2. (b)Greco-Bulgarian Communities Case✓
  3. (c)Panevezys Saldutiskis Railway Case
  4. (d)Polish Postal Service Case
Answer & explanation

Correct Answer: (b)

Explanation: The Greco-Bulgarian Communities Case established that treaty obligations between contracting states supersede conflicting municipal laws.

1. Read Assertion (A) and Reason (R) and with the help of codes given below write the correct answer.

September 2013 Paper 3Assertion–Reason

2. Assertion (A): Custom is a rule of conduct obligatory on part of those who are within its sphere, established by long usage and practice.

Reason (R): Rule of conduct are obligatory in any established sphere.

Options:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)✓
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Answer: (b)

Explanation: Both statements are correct, but R is a generic proposition, not a direct explanation for A.

September 2013 Paper 3

5. In which of the following cases did the International Court of Justice deny the existence of a customary rule?

Options:

  1. (a)North Sea Continental Shelf case
  2. (b)The Lotus case
  3. (c)Both of the above✓
  4. (d)None of the above
Answer & explanation

Answer: (c)

Explanation: In both cases, the ICJ declined to recognize the existence of the customary rule claimed.

December 2013 Paper 3

3. What should be the order of the use of material sources of International Law?

Options:

Treaties and Conventions

Customs

General principles of law recognized by civilized states

Judicial decisions and juristic opinions as subsidiary means

Codes: (a) 4, 3, 2, 1

  1. (b)2, 3, 1, 4
  2. (c)4, 2, 1, 3
  3. (d)1, 2, 3, 4✓
Answer & explanation

Answer: (d)

Explanation: As per Article 38 of the ICJ Statute — treaties, customs, general principles, then subsidiary sources.

December 2013 Paper 3

4. Which Article of the Statute of the International Court of Justice clarifies that its decisions have no binding force except between the parties and in respect of that particular case?

Options: (a) Article 60

  1. (b)Article 59✓
  2. (c)Article 68
  3. (d)Article 38(1)
Answer & explanation

Answer: (b)

Explanation: Article 59 ICJ Statute limits binding force to parties involved in the case.

June 2014 Paper 2Match the lists

3. Match List-I with List-II and select the correct answer:

Codes: (a) 2 1 4 3

  1. (b)1 2 4 3
  2. (c)1 2 3 4
  3. (d)4 2 1 3
Answer & explanation

Answer: (a)

Explanation: A→2, B→1, C→4, D→3

June 2014 Paper 3Assertion–Reason

2. Assertion (A): International convention is the most important source of law.

Reason (R): International convention has generic wisdom.

Codes:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)✓
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Answer: (b)

Explanation: While conventions are crucial, international law draws from multiple sources including customs and general principles.

December 2014 Paper 2Match the lists

3. Match List-I with List-II and give the correct answer by using the codes given below:

Code: (a) 1 2 3 4

  1. (b)2 3 4 1
  2. (c)3 4 1 2
  3. (d)4 1 3 2✓
Answer & explanation

Answer: (d)

December 2014 Paper 2Statements

4. Statement-I: Subject to rules of jus cogens, local customary law can supplement or derogate from general custom.

Statement-II: International law does not recognise the concept of local custom.

Code: (a) Both statements are true and II explains I

  1. (b)Both statements are true but II does not explain I
  2. (c)Statement-I is true, but Statement-II is false✓
  3. (d)Statement-I is false, but Statement-II is true
Answer & explanation

Answer: (c)

Explanation: Local customary laws may supplement international law provided they do not contravene jus cogens, and international law recognises local custom in context.

June 2015 Paper 2

2. In which of the following cases did the Permanent Court of International Justice apply the general principle of subrogation?

  1. (a)Chorzow Factory (Indemnity Case)
  2. (b)Case Concerning the Temple of Preah Vihear
  3. (c)Barcelona Traction Case
  4. (d)Mavrommatis Palestine Concessions Case✓
Answer & explanation

Answer: (d)

Explanation: In the Mavrommatis Palestine Concessions Case (1923), the Permanent Court applied the principle of subrogation, allowing a state to espouse a claim on behalf of one of its nationals against another state.

June 2015 Paper 2Assertion–Reason

6. Assertion (A): International customs used to be the most important source of international law in the past.

Reason (R): The development of custom is very slow and compared to it, rapid changes are made through treaties.

Codes:

  1. (a)Both (A) and (R) are true, and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)✓
  3. (c)(A) is true, but (R) is false
  4. (d)(A) is false, but (R) is true
Answer & explanation

Answer: (b)

Explanation: While it is true that international customs were historically a principal source of international law, and that custom develops slowly compared to treaties, the reason given isn’t a direct explanation for customs being the primary source historically — hence (b) is correct.

June 2015 Paper 3Statements

2. Which of the following statements is/are incorrect?

Long duration is an essential element for International Custom.

The custom should be completely uniform and consistent to be an International Custom.

In an International Custom, universality of practice is not necessary; the practice should have been generally observed or repeated by numerous states.

Opinio Juris is present, meaning customary practice must be recognized as legally binding by international law.

Codes:

  1. (a)Only 1 is incorrect
  2. (b)Only 1 and 2 are incorrect✓
  3. (c)2, 3 and 4 are incorrect
  4. (d)1, 2, 3, 4 all are incorrect
Answer & explanation

Answer: (b)

Explanation: Statement 1 is incorrect because long duration is not strictly essential; consistency and general acceptance matter more. Statement 2 is also incorrect as absolute uniformity isn't required, just substantial consistency. Statements 3 and 4 are correct.

June 2015 Paper 3Match the lists

3. Match List-I with List-II and give the correct answer:

Code:

  1. (a)4 3 2 1✓
  2. (b)3 2 4 1
  3. (c)4 3 1 2
  4. (d)2 4 3 1
Answer & explanation

Answer: (a)

Explanation: The correct case-topic mapping follows established precedents from international law jurisprudence and historical rulings.

December 2015 Paper 2

2. Which one of the following sources of International Law is not mentioned in Article 38 of the statute of the International Court of Justice but has now become a well-recognized source?

  1. (a)International conventions
  2. (b)General Principles of Law Recognised by Civilized Nations
  3. (c)Decisions of Judicial or Arbitral Tribunals and Juristic Works
  4. (d)Decisions or Determinations of the Organs of International Institutions✓
Answer & explanation

Answer: (d)

Explanation: While Article 38 lists treaties, customs, general principles of law, and judicial decisions and scholarly writings, the decisions of organs of international institutions have gained recognition over time as influential, though not originally enumerated.

December 2015 Paper 2Statements

3. Which of the following statement/statements is/are correct?

Custom is the oldest and original source of International law as well as of law in general.

In Barcelona Traction case, the International Court applied the general rule of subrogation.

In Chorzow Factory (Indemnity) case the Permanent Court of Justice ruled that International law is based on justice, equity and good conscience.

In Nicaragua v. U.S.A. the Court held that the sources of International law are not hierarchical but complementary and interrelated.

Codes:

  1. (a)Only 1 is correct
  2. (b)1, 2 and 3 are correct
  3. (c)1 and 4 are both correct✓
  4. (d)1, 2, 3 and 4 all are correct
Answer & explanation

Answer: (c)

Explanation: Statement 1 and 4 are correct. Barcelona Traction case did not primarily involve subrogation. The Chorzow Factory case emphasized restitution, not directly the justice-equity-good conscience principle.

December 2015 Paper 3Statements

2. Which of the following statements is/are not correct?

Principle of law recognised by domestic law of a large number of states automatically becomes a principle of International Law.

Article 38(1)(c) of ICJ Statute lists “General Principles of Law Recognised by Civilized States” as the second source of international law.

General principles include only substantive principles provided they have general recognition.

Development of such principles as a source of law has weakened positivism.

Codes:

  1. (a)Only 2 is incorrect
  2. (b)Both 2 and 3 are incorrect✓
  3. (c)1, 2 and 3 are incorrect
  4. (d)1, 3 and 4 are incorrect
Answer & explanation

Answer: (b)

Explanation: Article 38(1)(c) lists it as the third, not second, source, and general principles are not limited to substantive principles.

July 2016 Paper 2Statements

2. Which of the following statements is/are not correct?

Decisions or determinations of the organs of international institutions do not find mention in Article 38 of the Statute of the International Court of Justice.

West Rand Central Gold Mining Company Ltd. v. R. is related to general principles of law recognized by civilized states.

Frontier Dispute (Burkina Faso v. Mali) is a case related to international customs as a source of law.

The importance of the works of jurists has been stressed by Justice Gray in the Barcelona Traction case.

Codes:

  1. (a)Only 1, 2 and 3 are not correct
  2. (b)Only 2, 3 and 4 are not correct✓
  3. (c)Only 3 and 4 are not correct
  4. (d)1, 2, 3 and 4 all are not correct
Answer & explanation

Answer: (b)

Explanation: Statement 1 is correct as decisions of international institutions do not feature in Article 38. Statement 2, 3, and 4 are incorrect for the reasons stated in the explanation.

July 2016 Paper 3

2. In which of the following cases did the World Court by majority take the view that the sources of international law are not hierarchical but are necessarily complementary and interrelated?

  1. (a)Nicaragua v. U.S.A.✓
  2. (b)North Sea Continental Shelf case
  3. (c)Barcelona Traction case
  4. (d)Frontier Dispute (Burkina Faso v. Mali)
Answer & explanation

Answer: (a)

Explanation: The ICJ held in Nicaragua v. USA that the sources of international law are complementary rather than hierarchical.

September 2016 Paper 2Match the lists

3. Match List-I with List-II and select the correct answer using the codes below:

Codes:

  1. (a)1 2 3 4
  2. (b)4 3 2 1
  3. (c)2 4 1 3✓
  4. (d)3 1 4 2
Answer & explanation

Answer: (c)

Explanation: The correct matches are: A-2, B-4, C-1, D-3.

September 2016 Paper 3Statements

3. Which of the following statement/statements is/are correct?

Article 38 of the Statute of the Permanent Court of International Justice mentions only 4 sources of International law.

Right of passage over Indian Territory Case (Portugal v. India) was decided by the International Court of Justice based upon General Principles of Law recognised by Civilised States.

Decisions or determinations of the organs of the International Institutions do not find mention in Article 38 of the Statute of the International Court but have become a recognised source of International Law.

In Chorzow Factory (Indemnity) case the Permanent Court of Justice applied the principle of subrogation.

Codes:

  1. (a)Only (1) is correct
  2. (b)Only (2), (3) and (4) are correct
  3. (c)Only (1) and (3) are correct✓
  4. (d)(1), (2), (3) and (4) all are correct
Answer & explanation

Answer: (c)

Explanation: Article 38 lists four formal sources. Right of Passage was based on treaty obligations, not general principles, while decisions of international organs, though unlisted in Article 38, are increasingly treated as law sources.

January 2017 Paper 3

2. In which of the following cases did the International Court of Justice point out that when two states follow a practice repeatedly over a long time, it becomes a binding customary rule?

  1. (a)West Rand Central Gold Mining Co. Ltd. v. R.
  2. (b)South West Africa Case
  3. (c)Right of Passage over Indian Territory (Portugal v. India)✓
  4. (d)North Sea Continental Shelf Case
Answer & explanation

Answer: (c)

Explanation: In the Right of Passage case (1960), ICJ emphasized that consistent practice by states can form binding customary rules.

November 2017 Paper 3

2. In which of the following cases did the World Court, by majority, take the view that the sources of law are hierarchical but necessarily complementary and interrelated?

  1. (a)Nicaragua v. USA✓
  2. (b)Frontier Dispute (Burkina Faso v. Mali)
  3. (c)Portugal v. India
  4. (d)Temple of Preah Vihear Case
Answer & explanation

Answer: (a)

Explanation: In the 1986 Nicaragua v. USA case, the ICJ held that sources of international law are hierarchical yet complementary.

December 2018Assertion–Reason

2. In the Asylum Case, what did the International Court of Justice state about the requirement for a rule of customary law to be established?

  1. (a)Both the assertion and reason are correct, and reason is the correct explanation.✓
  2. (b)Both are correct, but reason is not the correct explanation.
  3. (c)Assertion is true but reason is false.
  4. (d)Assertion is false but reason is true.
Answer & explanation

Answer: (a)

Explanation: In the Asylum case, the ICJ clarified that for a customary rule to exist, it must be based on constant and uniform usage practiced by states in question. This requirement is also reflected in Article 38 of the ICJ Statute, which recognizes customary international law as evidence of a general practice accepted as law.

June 2019Assertion–Reason

2. Read both Assertion (A) and Reason (R) and choose the correct option.

Assertion (A): Article 38 of the Statute of the International Court of Justice lists international conventions—whether general or particular—that establish rules expressly recognized by contesting states as the first source of international law.

Reason (R): In the modern period, international treaties are the most important source of international law.

Options:

  1. (a)Both (A) and (R) are correct and (R) is the correct explanation of (A)✓
  2. (b)Both (A) and (R) are correct but (R) is not the correct explanation of (A)
  3. (c)(A) is correct but (R) is wrong
  4. (d)(A) is wrong but (R) is correct
Answer & explanation

Answer: (a)

Explanation:

Article 38(1)(a) ICJ Statute indeed places international conventions (treaties) as the first listed source when states explicitly recognize them

And it's true that, in modern international law, treaties are the dominant legal source. They codify obligations consensually accepted by states. Thus, (R) explains precisely why conventions hold primacy in Article 38.

December 2019Assertion–Reason

3. Assertion-Reason MCQ

Assertion (A): Subject of rules of Jus Cogens, local customary law can supplement or derogate from general custom.

Reason (R): International law does not recognize the concept of local custom.

Choose the correct option:

  1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)
  2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
  3. (c)(A) is true, but (R) is false✓
  4. (d)(A) is false, but (R) is true
Answer & explanation

Answer: (c)

Explanation:

Jus Cogens norms are peremptory norms of international law from which no derogation is permitted. However, international law does recognize local customary law provided it’s consistent with international obligations.

June 2020

10. Which provision of ICJ Statute lists ‘General Principles of Law Recognized by Civilised States’ as a source?

  1. (a)Article 38(a)
  2. (b)Para (1)(c) of Article 38✓
  3. (c)Article 38(b)
  4. (d)Para (3)(c) of Article 38
Answer & explanation

Ans. (b) : Article 38(1)(c) of ICJ Statute recognises General Principles of Law recognised by civilised nations as the third source of international law.

June 2020

2. Pacata Terties Nec Nocent Nec Prosunt means:

  1. (a)Multilateral treaties prevail over bilateral treaties
  2. (b)Treaties are not binding in case of situations of emergency
  3. (c)Only parties to an international treaty are bound by it✓
  4. (d)The right of innocent passage cannot be thwarted by bilateral treaties
Answer & explanation

Answer: (c)

Explanation: The phrase means “neither harm nor benefit third parties.” In international law, treaties bind only the parties to them, and third parties are neither harmed nor benefitted unless they consent.

June 2020

4. “General principles of law recognized by civilized states” as a source of international law has been applied in which case?

  1. (a)Corfu Channel case
  2. (b)Asylum case
  3. (c)Mavrommatis Palestine Concessions case✓
  4. (d)Reparations case
Answer & explanation

Answer: (c)

Explanation: The Mavrommatis Palestine Concessions case applied general principles of law recognized by civilized states, as referred in Article 38(1)(c) of the ICJ Statute.

Read the given passage carefully and answer the questions that follow:

The binding force of international law is based on the supreme fundamental norm or principle known as Pacta sunt servanda. This means that agreements entered into by States will be respected and followed by them in good faith. This is a well established and recognised custom of international law. The customary principle of international law has now been codified and finds mention in Article 26 of the Vienna Convention on the Law of Treaties, 1969. The principle of Pacta sunt servanda is also based on the actual practice of the States. It emphasises the importance of the agreement entered into by States and regards them as the basis of international law. There is a view that to assert the binding force of international law is based only on the principle of Pacta sunt servanda is far from the truth. It fails to explain the binding force of customary rules of international law which are not based on agreement between States. The realisation that international customary law does not rest on agreements and that the tenet, Pacta sunt servanda is itself a rule of customary law, led to new formulations of the basic norm. Kelsen has decided on a formula which takes into account usage, as the fact which is the origin of the rules of international law - 'States ought to behave as they have customarily behaved'

June 2020

5. To which does the passage give primacy, pacta sunt servanda or the principles of customary international law?

  1. (a)Pacta sunt servanda
  2. (b)Principles of customary international law✓
  3. (c)Both
  4. (d)Neither
Answer & explanation

Answer: (b)

Explanation: Customary international law holds primacy because it reflects the consistent practice and legal obligations of states, even beyond written agreements. Pacta sunt servanda, while fundamental, arises as part of this broader customary framework.

June 2020

6. The literal meaning of Pacta sunt servanda is:

  1. (a)Pacts are sacred
  2. (b)Pacts are good servants
  3. (c)Pacts need not be observed
  4. (d)Agreements must be observed✓
Answer & explanation

Answer: (d)

Explanation: Pacta sunt servanda literally means “agreements must be observed.” It is a foundational principle of treaty law obligating parties to honour their agreements.

June 2020

8. The codification of Pacta sunt servanda finds mention in which Article of the Vienna Convention on the Law of Treaties, 1969?

  1. (a)It does not find mention in the Vienna Convention on the Law of Treaties, 1969
  2. (b)Article 26✓
  3. (c)Article 2
  4. (d)Article 47
Answer & explanation

Answer: (b)

Explanation: The principle of Pacta sunt servanda is codified in Article 26 of the 1969 Vienna Convention on the Law of Treaties.

December 2022

Article 38 of the Statute of the International Court of Justice enumerates which of the following as sources of International Law?

A. All international conventions

B. International custom, as evidence of a general practice accepted as law

C. The general principles of law recognized by United Nations

D. The general principles of law recognized by civilized nations

Choose the correct answer from the options given below:

  1. (a)A, B, C only
  2. (b)B, D only✓
  3. (c)B, C only
  4. (d)A, B only
Answer & explanation

Answer: (b)

Explanation: According to Article 38(1) of the ICJ Statute, the recognized sources of international law are:

International conventions

International custom as evidence of a general practice accepted as law

December 2022Statements

The general principles of law recognized by civilized nations

Judicial decisions and teachings of highly qualified publicists (as subsidiary means).

Recognition by the United Nations is not a source under Article 38, making option (b) correct.

1.Which of the following statements is/are correct?

A. Art. 2(4) of the UN Charter contains the prohibition of the unilateral use of force or threat by states in their international relations.

B. There are no exceptions to the above.

C. The UN Charter makes an exception to Art. 2(4) in cases of individual and collective self-defence as in Art. 51.

D. States may use or encourage the use of economic and political measures to coerce another state.

E. States have a duty to refrain from propaganda for wars of aggression.

Choose the most appropriate answer:

  1. (a)A, B, D and E only
  2. (b)A, C, D and E only
  3. (c)A, C and E only✓
  4. (d)B, C, D and E only
Answer & explanation

Answer: (c)

Explanation: Article 2(4) of the UN Charter prohibits threat or use of force in international relations, while Article 51 provides an exception for individual and collective self-defence. There’s also a duty to refrain from war propaganda. No blanket prohibition exists against economic and political coercion in the Charter.

June 2023Match the lists

2. Match List I with List II and select the correct option:

List I

A. Kyoto Treaty on Climate Change

B. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families

C. SAARC Accord on Extradition

D. WTO came into force

List II

I. 1995

II. 1997

IV. 1987

Options:

  1. (a)A-II, B-III, C-IV, D-I✓
  2. (b)A-IV, B-III, C-II, D-I
  3. (c)A-III, B-IV, C-II, D-I
  4. (d)A-II, B-I, C-IV, D-III
Answer & explanation

Answer: (a)

Explanation: Kyoto Protocol (1997), Migrant Workers Convention (1990), SAARC Extradition (1987), WTO came into force (1995).

June 2023Statements

5. Which of the following statements is/are correct?

A. Treaties may be terminated.

B. Treaties cannot be terminated.

C. Treaties may be terminated by (i) operation of law and (ii) by act of state parties.

D. Non-performance of a treaty is also a ground for termination and is provided in Article 51 of the Vienna Convention on the Law of Treaties, 1969.

E. Non-performance of a treaty is also a ground for termination as per Article 57 of the Vienna Convention.

Options:

  1. (a)A, B, C and E only✓
  2. (b)B, C and D only
  3. (c)B, C and E only
  4. (d)B and C only

Omitted

6. Choose the correct answer from the options given below:

A. Uniting for Peace Resolution was passed in 1950

B. Uniting for Peace Resolution was passed by the General Assembly

C. Uniting for Peace Resolution was passed by the Security Council

D. Maintenance of international peace and security is the primary responsibility of the Security Council

E. Maintenance of international peace and security is the primary responsibility of the General Assembly

  1. (a)A, B and D only✓
  2. (b)A, B, C and D only
  3. (c)A, B, D and E only
  4. (d)A, B and E only
Answer & explanation

Correct Answer: (a)

Explanation:

The Uniting for Peace Resolution was indeed passed in 1950 by the General Assembly. Article 24 of the UN Charter assigns the primary responsibility for the maintenance of international peace and security to the Security Council. Hence, statements A, B, and D are correct.

June 2023Assertion–Reason

7. Given below are two statements:

Assertion (A): Article 38(2) of the ICJ Statute states that "provision in Article 38(1) shall not prejudice the power of the court to decide a case ex aequo et bono if parties agree thereto."

Reason (R): Ex aequo et bono enables the court to decide upon considerations of fair dealing and good faith, which may be independent of or contrary to law.

Which of the following is correct?

  1. (a)Both A and R are true and R is the correct explanation of A✓
  2. (b)Both A and R are true but R is not the correct explanation of A
  3. (c)A is true but R is false
  4. (d)A is false but R is true
Answer & explanation

Answer: (a)

Explanation: Article 38(2) indeed empowers the ICJ to decide cases ex aequo et bono by agreement, and R correctly explains this provision.

8. Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R.

Assertion A: Multilateral treaties which declare the established customary international law may bind even non-parties.

Reason R: Article 38 of the Vienna Convention makes an exception to Article 34 or 37 of the Vienna Convention.

In the light of the above statements, choose the most appropriate answer from the options given below:

(a) Both A and R are true and R is the correct explanation of A

(b) Both A and R are true but R is not the correct explanation of A

(c) A is true but R is false

(d) A is false but R is true

Answer: (a)

Explanation:

Article 38 of the 1969 Vienna Convention indeed states that a rule set out in a treaty may become binding on third states as a customary rule of international law. This supports Assertion A. Additionally, Article 38 creates an exception to Articles 34 and 37 by allowing a customary rule to bind even non-parties if such a rule exists independently of the treaty. Thus, both statements are true, and R correctly explains A.

9. Which of the following is called the 'Safety Net' clause in International Humanitarian Law?

(a) Levee en masse

(b) Hors de combat

(c) Henry Dunant’s Clause

(d) Martens Clause

Answer: (d)

Explanation: The Martens Clause ensures protection in armed conflict for situations not explicitly covered by treaties.

June 2023Match the lists

List I

A. Rule of Specialty

B. Paquete Habana

C. Barcelona Traction Case

D. Nicaragua v USA

List II

I. Importance of the works of jurists

II. Extradition

III. Sources of International Law are not hierarchical but complementary

IV. Equity and Justice

Options:

  1. (a)A-II, B-I, C-IV, D-III✓
  2. (b)A-III, B-II, C-I, D-IV
  3. (c)A-II, B-III, C-IV, D-I
  4. (d)A-II, B-IV, C-III, D-I
Answer & explanation

Answer: (a)

Explanation:

A-II: Rule of Specialty relates to extradition.

B-I: Paquete Habana established the importance of jurists' works.

C-IV: Barcelona Traction Case emphasized equity and justice.

D-III: Nicaragua v USA clarified that international law sources are complementary, not hierarchical.

June 2023Sequence / order

14. Which one of the following chronological sequences is correct regarding international legal instruments?

A. Treaty of Westphalia

B. Kellogg-Briand Pact

C. Brussels Conference

D. Convention on the Status of Refugees

E. Montevideo Convention

Options:

  1. (a)A, B, C, E, D
  2. (b)A, E, B, C, D
  3. (c)A, C, E, B, D
  4. (d)A, C, B, E, D✓
Answer & explanation

Answer: (d)

Explanation: Chronological order:

A (1648), C (1927), B (1928), E (1933), D (1951)

June 2023

15. The principle of Jus Cogens is incorporated in which Article of the Vienna Convention on the Law of Treaties, 1969?

  1. (a)Article 25
  2. (b)Article 37
  3. (c)Article 53✓
  4. (d)Article 63
Answer & explanation

Answer: (c)

Explanation:

The principle of Jus Cogens — also known as peremptory norms of general international law or compelling law — holds that certain fundamental principles of international law are binding on all states and cannot be set aside by treaty or agreement. This concept is formally incorporated in Article 53 of the Vienna Convention on the Law of Treaties, 1969, which declares treaties void if they conflict with a peremptory norm of general international law.

16. With regard to extradition in international law, which combination is correct?

A. International law recognizes a general duty of states in extradition

B. International law does not recognize a general duty of states in extradition

C. Extradition depends on provisions of existing treaties

D. Countries may grant extradition without a treaty

E. Customary international law governs extradition

Options:

(a) A, B, D, E

(b) A, C, D, E

(c) B, C, E

(d) B, C, D

Answer: (d)

Explanation: International law generally does not impose a duty to extradite without treaty obligations; however, countries may extradite voluntarily based on treaties or mutual interest.

June 2024

13. Which of the following is not a source of International Law as per Article 38 of the Statute of the International Court of Justice?

  1. (a)Judicial decisions (subject to Article 59 of Statute of ICJ)
  2. (b)Writing of most highly qualified publicists (subject to Article 59 of Statute of ICJ)
  3. (c)Community customary laws✓
  4. (d)General principles of law recognised by civilised nations
Answer & explanation

Answer: (c)

Explanation:

Article 38 lists treaties, customary international law, general principles of law, judicial decisions, and scholarly writings — community customary laws is not recognised as a source.

December 2024

3. Which of the following is a guide to the International Court of Justice to decide disputes submitted to it by State parties?

  1. (a)Non-binding international conventions
  2. (b)Principles of engagement laid down by the permanent members of the United Nations Security Council
  3. (c)The general principles of law recognised by civilised nations✓
  4. (d)Previous decisions of the International Court of Justice
Answer & explanation

Answer: (c)

Explanation:

As per Article 38(1)(c) of the ICJ Statute, the court considers general principles of law recognised by civilised nations.

June 2025Match the lists

7. Match the following legal maxims with their meanings:

List-I (Maxim)

A. Erga Omnes

B. Jus Cogens

C. Pacta Sunt Servanda

D. Rebus Sic Stantibus

List-II (Meaning)

Relation to all

Peremptory norm

Agreements are to be respected

Essential circumstances remain unchanged

  1. (a)A-4, B-3, C-2, D-1
  2. (b)A-3, B-4, C-2, D-1
  3. (c)A-1, B-2, C-3, D-4✓
  4. (d)A-2, B-1, C-3, D-4
Answer & explanation

Answer: (c) A-1, B-2, C-3, D-4

Explanation: These Latin maxims represent foundational principles in international law regarding obligations, treaties, and universal norms.

June 2026 · Q115Sequence / order

Arrange the following in chronological order of their enactment

A. The Anti-Hijacking Act

B. Diplomatic Relations (Vienna Convention) Act

C. Anti-Apartheid (United Nations Convention) Act

D. Genocide Convention

Choose the correct answer from the options given below

  1. (a)D, C, A, B
  2. (b)D, B, C, A✓
  3. (c)C, B, D, A
  4. (d)B, C, D, A
Answer & explanation

Answer: (b) D, B, C, A

Explanation: Arranging the given Indian enactments implementing international instruments in ascending chronological order of their year of enactment by the Parliament of India:

1. D. The Genocide Convention Act: Enacted in 1949 (Act No. 59 of 1949) to give effect to the Convention on the Prevention and Punishment of the Crime of Genocide.

2. B. Diplomatic Relations (Vienna Convention) Act: Enacted in 1972 (Act No. 43 of 1972) to give effect to the Vienna Convention on Diplomatic Relations, 1961.

3. C. Anti-Apartheid (United Nations Convention) Act: Enacted in 1981 (Act No. 48 of 1981) to give effect to the International Convention on the Suppression and Punishment of the Crime of Apartheid.

4. A. The Anti-Hijacking Act: Enacted in 1982 (Act No. 65 of 1982) to give effect to the Hague Convention for the Suppression of Unlawful Seizure of Aircraft. (Note: Later repealed and replaced by the Anti-Hijacking Act, 2016).

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